NEW DELHI, Feb 15: Ashish Mishra, the son of the Union Minister of state for home Ajay Mishra, the main accused in the killing of protesting farmers in UP’s Lakhimpur Kheri last year, walked out of the jail on Tuesday. He left prison via the back gate in an SUV – not normal procedure for other prisoners
He was granted bail by the Lucknow bench of the Allahabad High Court last week after lower courts rejected requests. Ashish Mishra’s lawyer, Avdesh Kumar Singh, said the court had demanded two sureties of ₹ three lakh each but imposed no restrictions on him leaving the city.
In a controversial bail order, the court had questioned some of the charges the police had framed against Ashish Mishra, including “firing at protesters.” During the course of investigation, no such firearm injuries were found either on the body of any of the deceased or on the body of any injured person, the court said.
“Considering the facts and circumstances of the case in toto, it is evident that as per the FIR, role of firing was assigned to the applicant for killing the protesters, but during the course of investigation, no such firearm injuries were found either on the body of any of the deceased or on the body of any injured person,” it had said.
“There might be a possibility that the driver tried to speed up the vehicle to save himself, on account of which, the incident had taken place. The crux of all the statements of the witnesses… recorded by the Investigating Officer… is that the applicant was sitting in the Thar vehicle and he was saying to his driver to hit the protesters,” the court had said in its
“Thereafter, the prosecution alleged that the applicant provoked the driver of the vehicle for crushing the protesters; however, the driver along with two others who were in the vehicle, had been killed by the protesters. It is further evident that during the course of investigation, notice was issued to the applicant and he appeared before the Investigating Officer. It is also evident that the charge-sheet has already been filed. In such circumstances, this court is of the view that the applicant is entitled to be released on bail,” it said. His father the Union Minister began campaigning for the BJP a day after his son was given bail.
Bail for Ashish Mishra triggered furious reactions from farmers and opposition leaders. Farmer leader Rakesh Tikait said the Samyukt Kisan Morcha, an umbrella body of farmer unions who fought against the farm laws, would move the Supreme Court soon. Farmers have claimed police were pressured to weaken the case and this led to Ashish Mishra’s bail.
Ashish Mishra’s release comes as BJP-ruled UP votes in a seven-phase Assembly election. Two phases are over, the third is due on Sunday and Lakhimpur votes in the fourth phase – on February 23.
On October 3, Ashish Mishra was allegedly driving a Mahindra Thar that ran over four farmers and a journalist at Lakhimpur Kheri during a protest march against three (since scrapped) farm laws. He was arrested only days later – after the Supreme Court intervened; the court ordered an inquiry after the police and administration were accused of going slow on the investigation.
(Manas Dasgupta)
